Circular Welded Carbon-Quality Steel Pipe From the Sultanate of Oman: Final Affirmative Countervailing Duty Determination, 64473-64475 [2012-25949]
Download as PDF
Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Notices
This determination is published
pursuant to sections 705(d) and 777(i) of
the Act.
DEPARTMENT OF COMMERCE
Dated: October 15, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[C–523–802]
Circular Welded Carbon-Quality Steel
Pipe From the Sultanate of Oman:
Final Affirmative Countervailing Duty
Determination
Appendix
List of Comments and Issues in the Decision
Memorandum
General Issues
Comment 1 Applicability of the CVD Law
to the Socialist Republic of Vietnam
Comment 2 The Appropriate De Minimis
Standard
Import Duty Exemptions on Imported Raw
Materials for Export Processing Enterprises
and Export Processing Zones
Comment 3 Countervailability of Import
Duty Exemptions for Export Processing
Enterprises and Companies in Export
Processing Zones
Comment 4 The GOV’s System for
Monitoring the Inputs Used To Produce
Exported Goods
Import Duty Exemptions for Imported Fixed
Assets, Spare Parts and Accessories for
Export Processing Enterprises and Export
Processing Zones
Comment 5 Whether Hongyuan’s Failure to
Report Imports of Spare Parts and
Accessories Warrants Use of AFA
Import Duty Exemptions for Imported Fixed
Assets, Spare Parts and Accessories for
Encouraged Projects
Comment 6 SeAH VINA’s Failure to Report
Some Imports
Comment 7 Whether SeAH VINA Received
Countervailable Duty Exemptions on its
Purchases of Fixed Assets, Spare Parts and
Accessories
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) determines that
countervailable subsidies are being
provided to producers and exporters of
circular welded carbon-quality steel
pipe (‘‘circular welded pipe’’) from the
Sultanate of Oman (‘‘Oman’’).
DATES: Effective Date: October 22, 2012.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or Shane Subler, AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6478 or (202) 482–
0189, respectively.
AGENCY:
Petitioners
The petitioners in this investigation
are Allied Tube and Conduit, JMC Steel
Group, United States Steel Corporation,
and Wheatland Tube Corporation
(‘‘Wheatland Tube’’).
Period of Investigation
The period for which we are
measuring subsidies, or period of
investigation, is January 1, 2010,
through December 31, 2010.
for hearing on April 30, 2012.
Wheatland Tube also submitted factual
information/pre-verification comments
on June 1, 2012.
The Department conducted
verification of Al Jazeera’s and the
GSO’s questionnaire responses from
June 11 to June 15, 2012. We issued our
verification reports on August 21 (Al
Jazeera) and August 23, 2012 (GSO).
The GSO and Al Jazeera, and
Wheatland Tube submitted case and
rebuttal briefs on September 5, and
September 10, 2012, respectively. A
public hearing was held on September
14, 2012.
Scope Comments
In accordance with the preamble to
the Department’s regulations, we set
aside a period of time in our Initiation
Notice for parties to raise issues
regarding product coverage, and
encouraged all parties to submit
comments within 20 calendar days of
publication of that notice.2 As described
in the Preliminary Determination, SeAH
Steel VINA Corp. (‘‘SeAH VINA’’) filed
comments on December 5, 2011, urging
the Department to modify the scope
description. No further comments on
this issue were received.
For the reasons explained in the
Preliminary Determination, the
Department is not adopting SeAH
VINA’s proposed modification of the
scope in its final determination.
Scope of the Investigation
Comment 8 Preferential Financing to the
Steel Industry
Comment 9 Preferential Lending for
Exporters
Comment 10 Whether the Banks That
Provided Loans to Hongyuan and SeAH
VINA Are Public Entities
Comment 11 The Appropriate Benchmark
for Policy Loans
Provision of Land for Less Than Adequate
Remuneration (‘‘LTAR’’) in Encouraged
Industries or Industrial Zones
Comment 12
SeAH VINA’s Land
[FR Doc. 2012–25956 Filed 10–19–12; 8:45 am]
Case History
The following events have occurred
since the Preliminary Determination.1
On April 5, 2012, a supplemental
questionnaire was sent to Al Jazeera
Steel Products Co. SAOG (‘‘Al Jazeera’’)
and we received Al Jazeera’s response
on April 12, 2012. We sent
supplemental questionnaires to the
Government of the Sultanate of Oman
(‘‘GSO’’) on April 5, April 20, and May
10, 2012. We received the GSO’s
responses, respectively, on April 12,
April 27, and May 17, 2012.
We received comments from
Wheatland Tube addressing the GSO’s
submission on April 6, April 19, April
27, May 10, May 25, 2012 and a request
This investigation covers welded
carbon-quality steel pipes and tube, of
circular cross-section, with an outside
diameter (‘‘O.D.’’) not more than 16
inches (406.4 mm), regardless of wall
thickness, surface finish (e.g., black,
galvanized, or painted), end finish
(plain end, beveled end, grooved,
threaded, or threaded and coupled), or
industry specification (e.g., American
Society for Testing and Materials
International (‘‘ASTM’’), proprietary, or
other) generally known as standard
pipe, fence pipe and tube, sprinkler
pipe, and structural pipe (although
subject product may also be referred to
as mechanical tubing). Specifically, the
term ‘‘carbon quality’’ includes products
in which: (a) iron predominates, by
weight, over each of the other contained
elements; (b) the carbon content is 2
percent or less, by weight; and (c) none
1 See Circular Welded Carbon-Quality Steel Pipe
from the Sultanate of Oman: Preliminary Negative
Countervailing Duty Determination and Alignment
of Final Countervailing Duty Determination With
Final Antidumping Duty Determination, 77 FR
19635 (April 2, 2012) (‘‘Preliminary
Determination’’).
Policy Loans
wreier-aviles on DSK5TPTVN1PROD with
International Trade Administration
64473
2 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997) and Circular
Welded Carbon-Quality Steel Pipe from India, the
Sultanate of Oman, the United Arab Emirates, and
the Socialist Republic of Vietnam: Initiation of
Countervailing Duty Investigations, 76 FR 72173
(November 22, 2011) (‘‘Initiation Notice’’).
BILLING CODE 3510–DS–P
VerDate Mar<15>2010
15:00 Oct 19, 2012
Jkt 229001
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
E:\FR\FM\22OCN1.SGM
22OCN1
64474
Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Notices
wreier-aviles on DSK5TPTVN1PROD with
of the elements listed below exceeds the
quantity, by weight, as indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium;
(xiv) 0.15 percent of zirconium.
Subject pipe is ordinarily made to
ASTM specifications A53, A135, and
A795, but can also be made to other
specifications. Structural pipe is made
primarily to ASTM specifications A252
and A500. Standard and structural pipe
may also be produced to proprietary
specifications rather than to industry
specifications. Fence tubing is included
in the scope regardless of certification to
a specification listed in the exclusions
below, and can also be made to the
ASTM A513 specification. Sprinkler
pipe is designed for sprinkler fire
suppression systems and may be made
to industry specifications such as ASTM
A53 or to proprietary specifications.
These products are generally made to
standard O.D. and wall thickness
combinations. Pipe multi-stenciled to a
standard and/or structural specification
and to other specifications, such as
American Petroleum Institute (‘‘API’’)
API–5L specification, is also covered by
the scope of this investigation when it
meets the physical description set forth
above, and also has one or more of the
following characteristics: is 32 feet in
length or less; is less than 2.0 inches
(50mm) in outside diameter; has a
galvanized and/or painted (e.g.,
polyester coated) surface finish; or has
a threaded and/or coupled end finish.
The scope of this investigation does
not include: (a) Pipe suitable for use in
boilers, superheaters, heat exchangers,
refining furnaces and feedwater heaters,
whether or not cold drawn; (b) finished
electrical conduit; (c) finished
scaffolding; 3 (d) tube and pipe hollows
for redrawing; (e) oil country tubular
goods produced to API specifications; (f)
line pipe produced to only API
specifications; and (g) mechanical
tubing, whether or not cold-drawn.
However, products certified to ASTM
3 Finished scaffolding is defined as component
parts of a final, finished scaffolding that enters the
United States unassembled as a ‘‘kit.’’ A ‘‘kit’’ is
understood to mean a packaged combination of
component parts that contain, at the time of
importation, all the necessary component parts to
fully assemble a final, finished scaffolding.
VerDate Mar<15>2010
15:00 Oct 19, 2012
Jkt 229001
mechanical tubing specifications are not
excluded as mechanical tubing if they
otherwise meet the standard sizes (e.g.,
outside diameter and wall thickness) of
standard, structural, fence and sprinkler
pipe. Also, products made to the
following outside diameter and wall
thickness combinations, which are
recognized by the industry as typical for
fence tubing, would not be excluded
from the scope based solely on their
being certified to ASTM mechanical
tubing specifications:
1.315 inch O.D. and 0.035 inch wall
thickness (gage 20)
1.315 inch O.D. and 0.047 inch wall
thickness (gage 18)
1.315 inch O.D. and 0.055 inch wall
thickness (gage 17)
1.315 inch O.D. and 0.065 inch wall
thickness (gage 16)
1.315 inch O.D. and 0.072 inch wall
thickness (gage 15)
1.315 inch O.D. and 0.083 inch wall
thickness (gage 14)
1.315 inch O.D. and 0.095 inch wall
thickness (gage 13)
1.660 inch O.D. and 0.047 inch wall
thickness (gage 18)
1.660 inch O.D. and 0.055 inch wall
thickness (gage 17)
1.660 inch O.D. and 0.065 inch wall
thickness (gage 16)
1.660 inch O.D. and 0.072 inch wall
thickness (gage 15)
1.660 inch O.D. and 0.083 inch wall
thickness (gage 14)
1.660 inch O.D. and 0.095 inch wall
thickness (gage 13)
1.660 inch O.D. and 0.109 inch wall
thickness (gage 12)
1.900 inch O.D. and 0.047 inch wall
thickness (gage 18)
1.900 inch O.D. and 0.055 inch wall
thickness (gage 17)
1.900 inch O.D. and 0.065 inch wall
thickness (gage 16)
1.900 inch O.D. and 0.072 inch wall
thickness (gage 15)
1.900 inch O.D. and 0.095 inch wall
thickness (gage 13)
1.900 inch O.D. and 0.109 inch wall
thickness (gage 12)
2.375 inch O.D. and 0.047 inch wall
thickness (gage 18)
2.375 inch O.D. and 0.055 inch wall
thickness (gage 17)
2.375 inch O.D. and 0.065 inch wall
thickness (gage 16)
2.375 inch O.D. and 0.072 inch wall
thickness (gage 15)
2.375 inch O.D. and 0.095 inch wall
thickness (gage 13)
2.375 inch O.D. and 0.109 inch wall
thickness (gage 12)
2.375 inch O.D. and 0.120 inch wall
thickness (gage 11)
2.875 inch O.D. and 0.109 inch wall
thickness (gage 12)
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
2.875 inch O.D. and 0.134 inch wall
thickness (gage 10)
2.875 inch O.D. and 0.165 inch wall
thickness (gage 8)
3.500 inch O.D. and 0.109 inch wall
thickness (gage 12)
3.500 inch O.D. and 0.148 inch wall
thickness (gage 9)
3.500 inch O.D. and 0.165 inch wall
thickness (gage 8)
4.000 inch O.D. and 0.148 inch wall
thickness (gage 9)
4.000 inch O.D. and 0.165 inch wall
thickness (gage 8)
4.500 inch O.D. and 0.203 inch wall
thickness (gage 7)
The pipe subject to this investigation
is currently classifiable in Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) statistical reporting numbers
7306.19.1010, 7306.19.1050,
7306.19.5110, 7306.19.5150,
7306.30.1000, 7306.30.5025,
7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085,
7306.30.5090, 7306.50.1000,
7306.50.5050, and 7306.50.5070.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise under the investigation is
dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
investigation are addressed in the
Memorandum from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant
Secretary for Import Administration,
entitled ‘‘Issues and Decision
Memorandum for the Final
Determination in the Countervailing
Duty Investigation of Circular Welded
Carbon-Quality Steel Pipe from the
Sultanate of Oman’’ (October 15, 2012)
(hereafter, ‘‘Decision Memorandum’’),
which is hereby adopted by this notice.
Attached to this notice as an Appendix
is a list of the issues that parties have
raised and to which we have responded
in the Decision Memorandum. This
Decision Memorandum is a public
document and is on file electronically
via Import Administration’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘IA ACCESS’’). IA ACCESS is available
to registered users at https://
iaaccess.trade.gov and in the Central
Records Unit, room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Decision Memorandum can be accessed
directly on the Internet at https://
www.trade.gov/ia/. The signed Decision
Memorandum and the electronic
E:\FR\FM\22OCN1.SGM
22OCN1
Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Notices
versions of the Decision Memorandum
are identical in content.
Suspension of Liquidation
In accordance with section
705(c)(1)(B)(i)(I) of the Tariff Act of
1930, as amended (the ‘‘Act’’), we
calculated an individual rate for Al
Jazeera, the only producer/exporter
individually investigated in this
proceeding. Section 705(c)(5)(A)(i) of
the Act states that for companies not
investigated, we will determine an ‘‘allothers’’ rate equal to the weighted
average countervailable subsidy rates
established for exporters and producers
individually investigated, excluding any
zero and de minimis countervailable
subsidy rates, and any rates determined
entirely under section 776 of the Act.
The rate calculated for Al Jazeera, which
is neither zero, de minimis, nor
determined entirely under section 776
of the Act, is being assigned to ‘‘allothers.’’
We determine the total net
countervailable subsidy rates to be:
Exporter/manufacturer
Net subsidy
rate
(percent)
Al Jazeera Steel Products Co.
SAOG ....................................
All Others ..................................
4.13
4.13
wreier-aviles on DSK5TPTVN1PROD with
In accordance with section
705(c)(1)(C) of the Act, we are directing
U.S. Customs and Border Protection to
suspend liquidation of all entries of
circular welded pipe from Oman that
are entered, or withdrawn from
warehouse, for consumption on or after
the date of the publication of this notice
in the Federal Register, and to require
a cash deposit or bond for such entries
of merchandise in the amounts
indicated above.
If the United States International
Trade Commission (‘‘ITC’’) issues a final
affirmative injury determination, we
will issue a countervailing duty order
pursuant to section 706(a) of the Act. If
the ITC determines that material injury,
or threat of material injury, does not
exist, this proceeding will be terminated
and all estimated deposits or securities
posted as a result of the suspension of
liquidation will be refunded or
canceled.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
VerDate Mar<15>2010
15:00 Oct 19, 2012
Jkt 229001
64475
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(‘‘APO’’), without the written consent of
the Assistant Secretary for Import
Administration.
Soft Loans for Industrial Projects Under RD
17/97
Comment 10 Whether the loans provided
under the RD 17/97 are specific.
Return or Destruction of Proprietary
Information
DEPARTMENT OF COMMERCE
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
This determination is published
pursuant to sections 705(d) and 777(i) of
the Act.
Dated: October 15, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
List of Comments and Issues in the Decision
Memorandum
Tariff Exemptions on Imported Equipment,
Machinery, Materials and Packaging
Materials
Comment 1 Whether the program is
specific because it provides prohibited export
subsidies.
Comment 2 Whether the program is de
jure specific because its use is limited to nonoil industrial activity.
Comment 3 Whether the Department
should find the tariff exemptions specific on
the basis of adverse facts available (AFA).
Sohar Industrial Estates
Comment 4 Whether the GSO’s
subsidization of the Sohar Industrial Estate
(SIE) is regionally specific.
Comment 5 Whether the GSO failed to
provide its economic plans thus warranting
the application of AFA for the GSO’s
subsidization of the SIE.
Comment 6 Whether the GSO’s provision
of natural gas in the SIE is specific.
Comment 7 Whether the GSO impeded
the investigation and did not act to the best
of its ability with respect to its provision of
water in Sohar.
Comment 8 Whether the GSO’s provision
of land confers a benefit.
Comment 9 Whether the GSO’s provision
of electricity confers a benefit.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
[FR Doc. 2012–25949 Filed 10–19–12; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[A–520–805]
Notice of Final Determination of Sales
at Less Than Fair Value: Circular
Welded Carbon-Quality Steel Pipe
From the United Arab Emirates
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has determined that
imports of circular welded carbonquality steel pipe (circular welded pipe)
from the United Arab Emirates (UAE)
are being, or are likely to be, sold in the
United States at less than fair value
(LTFV), as provided in section 735 of
the Tariff Act of 1930, as amended (the
Act). The estimated margins of sales at
LTFV are listed in the ‘‘Continuation of
Suspension of Liquidation’’ section of
this notice.
DATES: Effective Date: October 22, 2012.
FOR FURTHER INFORMATION CONTACT:
Deborah Scott or Robert James, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–2657 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 1, 2012, the Department
published in the Federal Register its
preliminary determination in the
antidumping duty investigation of
circular welded pipe from the UAE.1
On June 12, 2012, respondent
Universal Tube and Plastic Industries,
Ltd. (UTP–JA), KHK Scaffolding &
Formwork LLC (KHK), and Universal
Tube and Pipe Industries LLC (UTP–
DIP) (collectively, Universal) submitted
its response to the Department’s May 15,
2012, supplemental questionnaire for
section D. As part of its response,
Universal submitted revised home
market and U.S. sales databases.
1 See Circular Welded Carbon-Quality Steel Pipe
From the United Arab Emirates: Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 77 FR 32539
(June 1, 2012) (Preliminary Determination).
E:\FR\FM\22OCN1.SGM
22OCN1
Agencies
[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Notices]
[Pages 64473-64475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25949]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-523-802]
Circular Welded Carbon-Quality Steel Pipe From the Sultanate of
Oman: Final Affirmative Countervailing Duty Determination
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') determines that
countervailable subsidies are being provided to producers and exporters
of circular welded carbon-quality steel pipe (``circular welded pipe'')
from the Sultanate of Oman (``Oman'').
DATES: Effective Date: October 22, 2012.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Shane Subler, AD/
CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6478 or (202) 482-0189, respectively.
Petitioners
The petitioners in this investigation are Allied Tube and Conduit,
JMC Steel Group, United States Steel Corporation, and Wheatland Tube
Corporation (``Wheatland Tube'').
Period of Investigation
The period for which we are measuring subsidies, or period of
investigation, is January 1, 2010, through December 31, 2010.
Case History
The following events have occurred since the Preliminary
Determination.\1\ On April 5, 2012, a supplemental questionnaire was
sent to Al Jazeera Steel Products Co. SAOG (``Al Jazeera'') and we
received Al Jazeera's response on April 12, 2012. We sent supplemental
questionnaires to the Government of the Sultanate of Oman (``GSO'') on
April 5, April 20, and May 10, 2012. We received the GSO's responses,
respectively, on April 12, April 27, and May 17, 2012.
---------------------------------------------------------------------------
\1\ See Circular Welded Carbon-Quality Steel Pipe from the
Sultanate of Oman: Preliminary Negative Countervailing Duty
Determination and Alignment of Final Countervailing Duty
Determination With Final Antidumping Duty Determination, 77 FR 19635
(April 2, 2012) (``Preliminary Determination'').
---------------------------------------------------------------------------
We received comments from Wheatland Tube addressing the GSO's
submission on April 6, April 19, April 27, May 10, May 25, 2012 and a
request for hearing on April 30, 2012. Wheatland Tube also submitted
factual information/pre-verification comments on June 1, 2012.
The Department conducted verification of Al Jazeera's and the GSO's
questionnaire responses from June 11 to June 15, 2012. We issued our
verification reports on August 21 (Al Jazeera) and August 23, 2012
(GSO).
The GSO and Al Jazeera, and Wheatland Tube submitted case and
rebuttal briefs on September 5, and September 10, 2012, respectively. A
public hearing was held on September 14, 2012.
Scope Comments
In accordance with the preamble to the Department's regulations, we
set aside a period of time in our Initiation Notice for parties to
raise issues regarding product coverage, and encouraged all parties to
submit comments within 20 calendar days of publication of that
notice.\2\ As described in the Preliminary Determination, SeAH Steel
VINA Corp. (``SeAH VINA'') filed comments on December 5, 2011, urging
the Department to modify the scope description. No further comments on
this issue were received.
---------------------------------------------------------------------------
\2\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) and Circular Welded Carbon-Quality Steel Pipe
from India, the Sultanate of Oman, the United Arab Emirates, and the
Socialist Republic of Vietnam: Initiation of Countervailing Duty
Investigations, 76 FR 72173 (November 22, 2011) (``Initiation
Notice'').
---------------------------------------------------------------------------
For the reasons explained in the Preliminary Determination, the
Department is not adopting SeAH VINA's proposed modification of the
scope in its final determination.
Scope of the Investigation
This investigation covers welded carbon-quality steel pipes and
tube, of circular cross-section, with an outside diameter (``O.D.'')
not more than 16 inches (406.4 mm), regardless of wall thickness,
surface finish (e.g., black, galvanized, or painted), end finish (plain
end, beveled end, grooved, threaded, or threaded and coupled), or
industry specification (e.g., American Society for Testing and
Materials International (``ASTM''), proprietary, or other) generally
known as standard pipe, fence pipe and tube, sprinkler pipe, and
structural pipe (although subject product may also be referred to as
mechanical tubing). Specifically, the term ``carbon quality'' includes
products in which: (a) iron predominates, by weight, over each of the
other contained elements; (b) the carbon content is 2 percent or less,
by weight; and (c) none
[[Page 64474]]
of the elements listed below exceeds the quantity, by weight, as
indicated:
(i) 1.80 percent of manganese;
(ii) 2.25 percent of silicon;
(iii) 1.00 percent of copper;
(iv) 0.50 percent of aluminum;
(v) 1.25 percent of chromium;
(vi) 0.30 percent of cobalt;
(vii) 0.40 percent of lead;
(viii) 1.25 percent of nickel;
(ix) 0.30 percent of tungsten;
(x) 0.15 percent of molybdenum;
(xi) 0.10 percent of niobium;
(xii) 0.41 percent of titanium;
(xiii) 0.15 percent of vanadium;
(xiv) 0.15 percent of zirconium.
Subject pipe is ordinarily made to ASTM specifications A53, A135,
and A795, but can also be made to other specifications. Structural pipe
is made primarily to ASTM specifications A252 and A500. Standard and
structural pipe may also be produced to proprietary specifications
rather than to industry specifications. Fence tubing is included in the
scope regardless of certification to a specification listed in the
exclusions below, and can also be made to the ASTM A513 specification.
Sprinkler pipe is designed for sprinkler fire suppression systems and
may be made to industry specifications such as ASTM A53 or to
proprietary specifications. These products are generally made to
standard O.D. and wall thickness combinations. Pipe multi-stenciled to
a standard and/or structural specification and to other specifications,
such as American Petroleum Institute (``API'') API-5L specification, is
also covered by the scope of this investigation when it meets the
physical description set forth above, and also has one or more of the
following characteristics: is 32 feet in length or less; is less than
2.0 inches (50mm) in outside diameter; has a galvanized and/or painted
(e.g., polyester coated) surface finish; or has a threaded and/or
coupled end finish.
The scope of this investigation does not include: (a) Pipe suitable
for use in boilers, superheaters, heat exchangers, refining furnaces
and feedwater heaters, whether or not cold drawn; (b) finished
electrical conduit; (c) finished scaffolding; \3\ (d) tube and pipe
hollows for redrawing; (e) oil country tubular goods produced to API
specifications; (f) line pipe produced to only API specifications; and
(g) mechanical tubing, whether or not cold-drawn. However, products
certified to ASTM mechanical tubing specifications are not excluded as
mechanical tubing if they otherwise meet the standard sizes (e.g.,
outside diameter and wall thickness) of standard, structural, fence and
sprinkler pipe. Also, products made to the following outside diameter
and wall thickness combinations, which are recognized by the industry
as typical for fence tubing, would not be excluded from the scope based
solely on their being certified to ASTM mechanical tubing
specifications:
---------------------------------------------------------------------------
\3\ Finished scaffolding is defined as component parts of a
final, finished scaffolding that enters the United States
unassembled as a ``kit.'' A ``kit'' is understood to mean a packaged
combination of component parts that contain, at the time of
importation, all the necessary component parts to fully assemble a
final, finished scaffolding.
1.315 inch O.D. and 0.035 inch wall thickness (gage 20)
1.315 inch O.D. and 0.047 inch wall thickness (gage 18)
1.315 inch O.D. and 0.055 inch wall thickness (gage 17)
1.315 inch O.D. and 0.065 inch wall thickness (gage 16)
1.315 inch O.D. and 0.072 inch wall thickness (gage 15)
1.315 inch O.D. and 0.083 inch wall thickness (gage 14)
1.315 inch O.D. and 0.095 inch wall thickness (gage 13)
1.660 inch O.D. and 0.047 inch wall thickness (gage 18)
1.660 inch O.D. and 0.055 inch wall thickness (gage 17)
1.660 inch O.D. and 0.065 inch wall thickness (gage 16)
1.660 inch O.D. and 0.072 inch wall thickness (gage 15)
1.660 inch O.D. and 0.083 inch wall thickness (gage 14)
1.660 inch O.D. and 0.095 inch wall thickness (gage 13)
1.660 inch O.D. and 0.109 inch wall thickness (gage 12)
1.900 inch O.D. and 0.047 inch wall thickness (gage 18)
1.900 inch O.D. and 0.055 inch wall thickness (gage 17)
1.900 inch O.D. and 0.065 inch wall thickness (gage 16)
1.900 inch O.D. and 0.072 inch wall thickness (gage 15)
1.900 inch O.D. and 0.095 inch wall thickness (gage 13)
1.900 inch O.D. and 0.109 inch wall thickness (gage 12)
2.375 inch O.D. and 0.047 inch wall thickness (gage 18)
2.375 inch O.D. and 0.055 inch wall thickness (gage 17)
2.375 inch O.D. and 0.065 inch wall thickness (gage 16)
2.375 inch O.D. and 0.072 inch wall thickness (gage 15)
2.375 inch O.D. and 0.095 inch wall thickness (gage 13)
2.375 inch O.D. and 0.109 inch wall thickness (gage 12)
2.375 inch O.D. and 0.120 inch wall thickness (gage 11)
2.875 inch O.D. and 0.109 inch wall thickness (gage 12)
2.875 inch O.D. and 0.134 inch wall thickness (gage 10)
2.875 inch O.D. and 0.165 inch wall thickness (gage 8)
3.500 inch O.D. and 0.109 inch wall thickness (gage 12)
3.500 inch O.D. and 0.148 inch wall thickness (gage 9)
3.500 inch O.D. and 0.165 inch wall thickness (gage 8)
4.000 inch O.D. and 0.148 inch wall thickness (gage 9)
4.000 inch O.D. and 0.165 inch wall thickness (gage 8)
4.500 inch O.D. and 0.203 inch wall thickness (gage 7)
The pipe subject to this investigation is currently classifiable in
Harmonized Tariff Schedule of the United States (``HTSUS'') statistical
reporting numbers 7306.19.1010, 7306.19.1050, 7306.19.5110,
7306.19.5150, 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, 7306.30.5090, 7306.50.1000, 7306.50.5050,
and 7306.50.5070. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
merchandise under the investigation is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this investigation are addressed in the Memorandum from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Paul Piquado, Assistant Secretary for Import
Administration, entitled ``Issues and Decision Memorandum for the Final
Determination in the Countervailing Duty Investigation of Circular
Welded Carbon-Quality Steel Pipe from the Sultanate of Oman'' (October
15, 2012) (hereafter, ``Decision Memorandum''), which is hereby adopted
by this notice. Attached to this notice as an Appendix is a list of the
issues that parties have raised and to which we have responded in the
Decision Memorandum. This Decision Memorandum is a public document and
is on file electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at https://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Decision Memorandum can be accessed directly on the Internet at
https://www.trade.gov/ia/. The signed Decision Memorandum and the
electronic
[[Page 64475]]
versions of the Decision Memorandum are identical in content.
Suspension of Liquidation
In accordance with section 705(c)(1)(B)(i)(I) of the Tariff Act of
1930, as amended (the ``Act''), we calculated an individual rate for Al
Jazeera, the only producer/exporter individually investigated in this
proceeding. Section 705(c)(5)(A)(i) of the Act states that for
companies not investigated, we will determine an ``all-others'' rate
equal to the weighted average countervailable subsidy rates established
for exporters and producers individually investigated, excluding any
zero and de minimis countervailable subsidy rates, and any rates
determined entirely under section 776 of the Act. The rate calculated
for Al Jazeera, which is neither zero, de minimis, nor determined
entirely under section 776 of the Act, is being assigned to ``all-
others.''
We determine the total net countervailable subsidy rates to be:
------------------------------------------------------------------------
Net subsidy
Exporter/manufacturer rate
(percent)
------------------------------------------------------------------------
Al Jazeera Steel Products Co. SAOG......................... 4.13
All Others................................................. 4.13
------------------------------------------------------------------------
In accordance with section 705(c)(1)(C) of the Act, we are
directing U.S. Customs and Border Protection to suspend liquidation of
all entries of circular welded pipe from Oman that are entered, or
withdrawn from warehouse, for consumption on or after the date of the
publication of this notice in the Federal Register, and to require a
cash deposit or bond for such entries of merchandise in the amounts
indicated above.
If the United States International Trade Commission (``ITC'')
issues a final affirmative injury determination, we will issue a
countervailing duty order pursuant to section 706(a) of the Act. If the
ITC determines that material injury, or threat of material injury, does
not exist, this proceeding will be terminated and all estimated
deposits or securities posted as a result of the suspension of
liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (``APO''), without the written
consent of the Assistant Secretary for Import Administration.
Return or Destruction of Proprietary Information
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
This determination is published pursuant to sections 705(d) and
777(i) of the Act.
Dated: October 15, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Comments and Issues in the Decision Memorandum
Tariff Exemptions on Imported Equipment, Machinery, Materials and
Packaging Materials
Comment 1 Whether the program is specific because it provides
prohibited export subsidies.
Comment 2 Whether the program is de jure specific because its
use is limited to non-oil industrial activity.
Comment 3 Whether the Department should find the tariff
exemptions specific on the basis of adverse facts available (AFA).
Sohar Industrial Estates
Comment 4 Whether the GSO's subsidization of the Sohar
Industrial Estate (SIE) is regionally specific.
Comment 5 Whether the GSO failed to provide its economic plans
thus warranting the application of AFA for the GSO's subsidization
of the SIE.
Comment 6 Whether the GSO's provision of natural gas in the SIE
is specific.
Comment 7 Whether the GSO impeded the investigation and did not
act to the best of its ability with respect to its provision of
water in Sohar.
Comment 8 Whether the GSO's provision of land confers a benefit.
Comment 9 Whether the GSO's provision of electricity confers a
benefit.
Soft Loans for Industrial Projects Under RD 17/97
Comment 10 Whether the loans provided under the RD 17/97 are
specific.
[FR Doc. 2012-25949 Filed 10-19-12; 8:45 am]
BILLING CODE 3510-DS-P